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once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
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Apr 22, 2013
04/13
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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Apr 22, 2013
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, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
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Apr 21, 2013
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and this morning the aclu is reacting to no miranda rights red to the suspect. he should be told of his right to silence or right to an attorney, but the aclu says that the public safety exception should be read narrowly and denying miranda rights is un-american. our expert ted smeltzer says that the first thing they will do is find out the motive. >> is this a wayward nut like columbine or some of the school shooters apparently have been, or what is the linkages, and who is this guy linked up to. >> most experts believe the case will be tried in federal court, and pros ecutors will charge hi with use of weapons of mass destruction which could make the case eligible for capital punishment. the suspect is held in the same hospital as some of the victims. more than 180 people were hurt in those explosions, and some are in critical kn dirks and some of the stories trickle out. her son lost a leg. >> it is a nightmare. running back and forth to each of them and they are hurt and sick as they r and i could not be at both places at the same time, so it is a nightmare.
and this morning the aclu is reacting to no miranda rights red to the suspect. he should be told of his right to silence or right to an attorney, but the aclu says that the public safety exception should be read narrowly and denying miranda rights is un-american. our expert ted smeltzer says that the first thing they will do is find out the motive. >> is this a wayward nut like columbine or some of the school shooters apparently have been, or what is the linkages, and who is this guy...
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Apr 16, 2013
04/13
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custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make sure they maintain the possibility of ultimately getting criminal conviction? >> absolutely. >> joining us is an eyewitness to the bombing. he ran the marathon and was in the medical tent when the explosions happened. joining us by phone from boston. describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah. the first thing, this was wave three, so i was running -- i was a charity runner, so we started at approximately 10:40 a.m. then i finished just under four, my first under four, thus i pushed pretty hard mile 25 and 26. that means i was pretty winded, dizzy and felt
custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make...
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Apr 21, 2013
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investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there co
investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta...
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Apr 17, 2013
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obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court during the prosecution. if the individual agrees to talk, there will be -- they will take a statement and they will also likely confront him with forensic evidence and things that they have learned, photographs, they will ask him to identify how he constructed the bomb, how he knew to construct the bomb, who, if anyone, he worked with, who he communicated with, they'll want to -- they will want to make sure to take when he's arrested any cell phones, blackberries, pocket litter, pieces of paper, notebooks he may have on him and they'll want to have him retrace for them his steps. they will then se
obviously they're going to question this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court...
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Apr 22, 2013
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should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group, fbi cia, dod. they don't have a long time to do that
should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as...
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Apr 21, 2013
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they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings all of those protections of the u.s. constitution. under the public safety exception, however, i do believe that the fbi has a period of time to try to determine what threats are there today. we don't know if there are other devices, if there's other people, and mirandizing him up front would be a horrible idea. now, it's my understanding that that's not going to happen. i had good conversations with the fbi. they are going to do their due diligence on the public safety portion. here is where the problem is. they're getting pressure from outside groups to actually do t
they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings...
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Apr 21, 2013
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within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american citizen. by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right t
within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american...
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
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Apr 23, 2013
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
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Apr 20, 2013
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 25, 2013
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so it's more than miranda. it's miranda, you don't have to talk, if you can't afford a lawyer, i'll give you one. he can't afford a lawyer, here's a lawyer. he's not going to talk after he has a lawyer. the lawyer is going to advise him not to. that's a miranda issue. as far as what pete says, he's exactly right. it's a little vague. ray kelly can be right as well. two things can be right here. because, look, these guys had a pressure cooker bomb. let's just take that bomb that they threw at the watertown police. they didn't buy the components for that bomb, chris, between the time their pictures were released on thursday night at 5:00 and the time they killed brian collier of the m.i.t. police. they didn't buy those components, acquire it then, or build it then. it was already built. they already had this pressure cooker bomb, chris. probably remote control like the other two. they weren't going to sell it on ebay. they were going to detonate it somewhere. now, they might not have planned more. they might not
so it's more than miranda. it's miranda, you don't have to talk, if you can't afford a lawyer, i'll give you one. he can't afford a lawyer, here's a lawyer. he's not going to talk after he has a lawyer. the lawyer is going to advise him not to. that's a miranda issue. as far as what pete says, he's exactly right. it's a little vague. ray kelly can be right as well. two things can be right here. because, look, these guys had a pressure cooker bomb. let's just take that bomb that they threw at...
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Apr 20, 2013
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he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirator, no outstanding plots, you can ask someone questions without miranda warning and answers are admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do the initial questioning. after that 48 hour or whatever how many hours of publi
he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure...
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Aug 21, 2013
08/13
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>>> david miranda probably never thought he'd be the center of an increasingly high-stakes, international, political, intelligence and media battle over the world's most closely held secrets. he finds himself in precisely that position. he's a brazilian national, partner of "the guardian's" glenn greenwald, writing stories on edward snowden's leaked nsa documents. this past sunday miranda was detained by authorities in heathrow airport, returning from a trip in berlin where he met up with greenwald's collaborator, laura poitras. he had his laptop confiscated, a mobile phone, smartdisk and video game console. he was held for seven hours under the terrorism act of 2000. asked about his association with greenwald and "the guardian's" reporting. miranda's lawyers are threatening legal action over what they and others are calling his, quote, unlawful detention. british government defended its decision to detain miranda in a statement today saying it was their right to stop anyone suspected of carrying "highly sensitive stolen information that would help terrorism." when u.s. officials were ask
>>> david miranda probably never thought he'd be the center of an increasingly high-stakes, international, political, intelligence and media battle over the world's most closely held secrets. he finds himself in precisely that position. he's a brazilian national, partner of "the guardian's" glenn greenwald, writing stories on edward snowden's leaked nsa documents. this past sunday miranda was detained by authorities in heathrow airport, returning from a trip in berlin where...
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Apr 24, 2013
04/13
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up next to the boston and bombing suspect read miranda rights. what happened to enemy combat and? he has been assigned three public defenders to ask if we're fighting a war or is this a legal issue? "dobb's law" takes up the case with our attorneys. case with our attorneys. there necks. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. lou: senator lindsay gramm rail against the government's haning of the boston marathon bomber case. >> we don't believe tear at toward the fighting crime and these are wavered people and this is not that big of a deal. give him of lawyer and reid and his rights and we will plea-bargain we're not fighting international radical islamist to hate our debts and we're sending the signal to disarm ourselves at a time of great threat. lou: he had of bellyful of the nonsense since boston and the fellow who was no longer the enemy combat and. least we'll joins
up next to the boston and bombing suspect read miranda rights. what happened to enemy combat and? he has been assigned three public defenders to ask if we're fighting a war or is this a legal issue? "dobb's law" takes up the case with our attorneys. case with our attorneys. there necks. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this is in a vacuum. i don't think it's going to make much of a difference. >> on the other side, councilman, i'm sure you're not surprised, the aclu says, look, how heinous the crime you don't put aside your rules and regulations that are in place, and so that's one side of it. the other side of it, which goes even further than this public safety exception is the four members of the u.s. senate. you have peter king, the congressman, who are saying, forget that. he should be treated as an enemy combatant. should it go that far? >> no. by the way, i am su
i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this...
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. >> i'm nannette miranda at the sacramento river. a report shows governor brown's plan to send this water down to the central valley will be a boon for the state but environmentalists aren't buying it. >> and facebook's mark zuckerberg with a personal appearance for immigration reforms. >> bart is running normally but there is a new transit strike on the horizon that could wreak havoc for thousands of commuters. >> tonight the union representing ac transit is threatening to strike wednesday if demands are not met. we're live at the terminal with the story tonight. commuters and cross hairs with this threat as well. >> yes. ac transit shock asked surprise they had plan to strike on wednesday even if wrk workers have walked out. so, the transit nightmares continue. >> i will have to probably start my commute at 4:00 in the morning and figure out how much it will cost me to park here. >> joanne is already trying to figure out how to cope with 1800 drivers and workers strike on wednesday. the threat left sheri almost speechless. they're
. >> i'm nannette miranda at the sacramento river. a report shows governor brown's plan to send this water down to the central valley will be a boon for the state but environmentalists aren't buying it. >> and facebook's mark zuckerberg with a personal appearance for immigration reforms. >> bart is running normally but there is a new transit strike on the horizon that could wreak havoc for thousands of commuters. >> tonight the union representing ac transit is...
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Apr 22, 2013
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. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most people don't don't have the right to remain silent. so you, government, fbi or travel cup have to tell whoever you are interrogating they have the right to remain silent. that is what is not being honored, from what we understand. whatever he said could affect other evidence that independently obtained. it is risky not to read miranda rights and a violation of the constitution not to do so. so the government treads in danger when they try to strike information and somewhere we will not use that against the defendant. tracy: the emotional side of me says too bad. speak of
. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most...
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Apr 28, 2013
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then the miranda rights can be administered. that's what happened in this case. however, we're hearing from chairman of the intelligence committee, mike rogers, and he believed the miranda a oitrighte issued too soon and they might have been able to gain more valuable information from the suspect, if they had more time with him. but, also, you have to remember he has an attorney now who may be advising him not to speak. >> we're also learning, more, pamela, about the arrest of two of tsarnaev's friends. what do we know on that front? >> there's been a lot of talk about these two students from umass dartmouth that were arrested shortly after everything went down last friday. essentially these two students were friend with dzhokhar tsarnaev. no way were they at the plot. the department of homeland security said they're being held on administrative visas. authorities are holding them on that and also using this as an opportunity to gain valuable information about dzhokhar tsarnaev. trying to gain a clearer picture of who he is and why he allegedly carried out the at
then the miranda rights can be administered. that's what happened in this case. however, we're hearing from chairman of the intelligence committee, mike rogers, and he believed the miranda a oitrighte issued too soon and they might have been able to gain more valuable information from the suspect, if they had more time with him. but, also, you have to remember he has an attorney now who may be advising him not to speak. >> we're also learning, more, pamela, about the arrest of two of...
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Apr 22, 2013
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 23, 2013
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his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he said. i did talk to on
his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information...
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Apr 23, 2013
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as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev. in the criminal complaint, investigators built a minute by minute account of the tsarnaev brothers as they moved the crowds at the mara
as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also...
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Apr 28, 2013
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attorney come in and read him his miranda rights and he stopped talking. i'm not a lawyer, but from the outside looking in, i don't understand that. >> do you think that -- qwhen yu think about this going forward, is there something we should be doing in terms of, you know, letting visas, again, you get into this problem of risk reward. but, again, there have been cries about that. do you think there is some effective way to do anything? >> look, there are three quarters of a million people names in the t.i.d.e. database. person of interest file for counterterrorism here in the united states. would you feel better if we got a million in there? in fact, in fact, all right, prior to the christmas day bombing in 2009, the complaint, my old community cause fielding on almost a daily basis why are you interfering so much with commerce and travel? you have too many people on the no-fly list and then all of a sudden after the event, you should put more people on the no-fly list. there is a balance here. the immediate reaction after any event like boston is, you s
attorney come in and read him his miranda rights and he stopped talking. i'm not a lawyer, but from the outside looking in, i don't understand that. >> do you think that -- qwhen yu think about this going forward, is there something we should be doing in terms of, you know, letting visas, again, you get into this problem of risk reward. but, again, there have been cries about that. do you think there is some effective way to do anything? >> look, there are three quarters of a...
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Apr 25, 2013
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bill: miranda public safety exemption started in 1984. the administration picked it up and again and reinforced would allow the fbi to question this guy for perhaps a even longer period of time? >> let me tell you what the public safety exception says. the supreme court has one opinion and lasts for 10 seconds. lasts for the i'm time of the arrest. so the arresting officers can say, without giving miranda warning, where is the gun? is anybody else with you. eric holder on his own expanded that 10 seconds to 48 hours. one fbi agent filed the criminal complaint in boston while the other fbi agents were interrogating him in the hospital room. the right hand didn't know what the left hand was doing. bill: based on what we know, itch need a quick answer. there was some level of cooperation on behalf of this 19-year-old. >> apparently yes. bill: is that testimony in jeopardy or not? >> that testimony, if unmirandized can only be used for intelligence purposes. it can not be used for the case against him. bill: which goes for the public safety e
bill: miranda public safety exemption started in 1984. the administration picked it up and again and reinforced would allow the fbi to question this guy for perhaps a even longer period of time? >> let me tell you what the public safety exception says. the supreme court has one opinion and lasts for 10 seconds. lasts for the i'm time of the arrest. so the arresting officers can say, without giving miranda warning, where is the gun? is anybody else with you. eric holder on his own expanded...
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Apr 23, 2013
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and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he
and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he...
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now said he approved that interrogation being stopped, it's absolutely disgraceful. >> more on the miranda debates coming up this hour. >>> i want to bring in susan federal prison that medical center in devins massachusetts where dzhokhar tsarnaev is under 24-hour guard. you found out some details of what it's like inside that facility what kind of place it is and what are the conditions like for dzhokhar tsarnaev? >> reporter: hile there are some parts of this prison that are minimum security, there are also maximum security areas, and not surprisingly that's where dzhokhar tsarnaev is in fact located. he's under 24 hour surveillance. they are constantly checking on him. and we're learning from a prisonperson today that in this cell, which measures about 10 feet by 10 feet with a steel door they slip food through when it comes that time, that he is actually talking -- we don't know whether he's talking with investigators or even with his own attorney. we do know that he is speaking freely with the people the medical personnel, that are taking care of him. the doctors and nurses. but as to
now said he approved that interrogation being stopped, it's absolutely disgraceful. >> more on the miranda debates coming up this hour. >>> i want to bring in susan federal prison that medical center in devins massachusetts where dzhokhar tsarnaev is under 24-hour guard. you found out some details of what it's like inside that facility what kind of place it is and what are the conditions like for dzhokhar tsarnaev? >> reporter: hile there are some parts of this prison that...
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Apr 27, 2013
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did that 48-hour window come from that allowed officials to question them before reading them their miranda warnings. we're talking about a citizen terrorist. right here and right now. >> tom: thanks for joining us. here at the top of the stack, being a citizen offers us all kinds of constitutional protections, it's just one of the things that makes our citizenship so valuable in this country. if arrested, we have right to remain silent.
did that 48-hour window come from that allowed officials to question them before reading them their miranda warnings. we're talking about a citizen terrorist. right here and right now. >> tom: thanks for joining us. here at the top of the stack, being a citizen offers us all kinds of constitutional protections, it's just one of the things that makes our citizenship so valuable in this country. if arrested, we have right to remain silent.
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Apr 21, 2013
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i'll read you your miranda warnings. >> the entire time he reads her her rights she's putting herself to rights. at last, she's ready for her close-up. >> first thing i want to do is look at your eyes. put your feet close together as you can. >> i can't do that. i'm bow-legged. >> that's okay. keep your hands down by your side. can you see the tip of my pen? >> yes, sir. >> while keeping your head still, follow the tip of my pen with your eyes only. >> she has trouble with the first test so he goes on to the next. >> do you think you can walk along that line right there? >> this line? yeah. >> put your left foot on the line. >> nobody can do that. >> what, put their left foot on the line? >> nobody can do this. >> lots of people can do it. >> nobody can do that. >> ain't nobody in the world can walk like this. >> after failing the first two tests, not even being able to attempt them, she started to get a little bit more hostile. >> her anger mounts as deputy gibbs calmly offers a third test. >> just stand there like that. we're going to try a one-leg stand, okay? don't lean on the car
i'll read you your miranda warnings. >> the entire time he reads her her rights she's putting herself to rights. at last, she's ready for her close-up. >> first thing i want to do is look at your eyes. put your feet close together as you can. >> i can't do that. i'm bow-legged. >> that's okay. keep your hands down by your side. can you see the tip of my pen? >> yes, sir. >> while keeping your head still, follow the tip of my pen with your eyes only. >>...
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. >> reporter: miranda thompson has been teaching in philadelphia for 15 years. >> we've always had a counselor, we've always had point people, always had a school nurse who if we had a suspicion, we would go to them first and they knew the proper channels to go through. so what if i lose a kid because i didn't know how to do something? >> reporter: senior abby pearlman says the cuts send a terrible message. >> like i'm not important to society at all. i feel like the people that are making these decisions have already gotten their education, and that's not very fair to me, because i still need mine. >> reporter: and there's more pain to come. the school district is asking teachers to take up to a 13% pay cut and forego any raises until 2017. elaine quijano, cbs news. >>> coming up after your local news on cbs, we'll go live to boulder, colorado, as rain continues to fall on the flood-soaked region. and jim nantz will have a preview of the match-up between giant and broncos. and we'll take on you a tour of youtube's state-of-the-art studio for creating video. that's the "cbs morning n
. >> reporter: miranda thompson has been teaching in philadelphia for 15 years. >> we've always had a counselor, we've always had point people, always had a school nurse who if we had a suspicion, we would go to them first and they knew the proper channels to go through. so what if i lose a kid because i didn't know how to do something? >> reporter: senior abby pearlman says the cuts send a terrible message. >> like i'm not important to society at all. i feel like the...
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>> what about the miranda rights. >> the rights are screaming. >> i'm not. >> drones dpe s dpen s agains combatants. >> why does it not bother you and your liberal friends. the day that this happened i called this a terrorist act. i believed it was then and i believe it was now and why they didn't see that is beyond me. this is a case of a classic miscommunication and miss handled event in the middle of a campaign. >> isn't that bigger than that. this was a purposeful lie to get to the election. >> i think that listen. if you got indited for the law to get to an election, do i think that the election was an impediment here? yes. >> they didn't secure it. they didn't scramble the jets and send in reinforcements. >> why wasn't it? i wonder why. it wasn't a terror attack. >> you are being very rude to the president tonight. >> i don't think i'm being rude. i think i'm being tough. >> she is screaming as he kills people. it was obvious that was a terror attack. our government, our president was workplace violence. shouldn't we correct the record? >> i don't understand why it is that the evid
>> what about the miranda rights. >> the rights are screaming. >> i'm not. >> drones dpe s dpen s agains combatants. >> why does it not bother you and your liberal friends. the day that this happened i called this a terrorist act. i believed it was then and i believe it was now and why they didn't see that is beyond me. this is a case of a classic miscommunication and miss handled event in the middle of a campaign. >> isn't that bigger than that. this was a...
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that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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Apr 21, 2013
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controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a teacher at the high school the younger brother, dzhokhar attended. >> i know this kid to be compassionate. i know this kid to be forth coming. he's a great athlete. he's a sportsman. he's never been in trouble. >> reporter: the two brothers who are ethnic chechens came to the u.s. with their family a decade ago. facing the vicious fighting... escaping the vicious fighting between the government and the largely chechen rebel. dzhokhar who became an american citizen on september 11 of last year is 19 years old. he was a student at the university of massachusetts dartmouth. his older brother tamerlan was 26 years old, marrie
controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a...
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give them a lawyer, read them miranda rightings, we'll plea bargain and we're not finding radical islamists who hate our guts. the signal we're sending is we're disarming ourselves. >> the senator had a belly full of the nonsense he's been hearing about what's happened in boston and the fellow who's no longer an enemy combatant. lis wiehl, fox legal analyst. what in the world are they doing in boston? how do you feel about what lindsey graham said? >> i don't agree with him. i don't think they could try him as an enemy combatant. it was a crime, a terrorist attack on u.s. soil by a u.s. citizen. that equals a federal court. they didn't mirandize him for a couple days. >> the administration said you can kill an american citizen with a missile from a drone but you can't call him an enemy combatant. help me through that. >> i'm a little upset because i said i would only do this segment if lis took her normal position that everybody should go down -- >> i now. >> now she's being rational, legal, and that's what makes this country great. litigators, those who study systems all over the world, th
give them a lawyer, read them miranda rightings, we'll plea bargain and we're not finding radical islamists who hate our guts. the signal we're sending is we're disarming ourselves. >> the senator had a belly full of the nonsense he's been hearing about what's happened in boston and the fellow who's no longer an enemy combatant. lis wiehl, fox legal analyst. what in the world are they doing in boston? how do you feel about what lindsey graham said? >> i don't agree with him. i don't...
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he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended to do more. he rings all the bells. >> what if he gives more information about people overseas who they were in could cahoots with? >> you mean cooperates? >> yeah. is that the thing that helps you avoid the death penalty. >> it's one thing that helps you avoid the death penalty. i hope it doesn't get him anything less than life. >> we see this and it sort of reminded me of the dc sniper case in a way. maybe the younger person who was influenced by his older brother. maybe led astray in some capacity. we may uncover that the brother was really the ring leader here, the one who was drivin
he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended...